Reference in legislation or statutory guidance
to
Nearest relative
from
Draft Mental Health Bill: Explanatory notes (June 2022)
Source
The Nearest Relative currently has a number of important rights and functions under the MHA, including:
a. The right to require an assessment to be made with a view to admitting the patient to hospital (section 13(4)).
b. The right to apply for compulsory admission or guardianship (sections 2,3,4 and 7).
c. The right to be consulted or informed before an AMHP makes an application for detention under section 3 or guardianship (section 11(3)-(4)).
d. The right to object to section 3 admission or guardianship (section 11(4)).
e. The right to order discharge of the patient (sections 23 and 25).
f. The right to information given to the detained patient or patient subject to supervised community treatment (section 132(4)).
g. The right to apply to the MHT (sections 66 and 68(1).